County Court (Chapter II Amendment No. 4) Rules 2001

i County Court (Chapter II Amendment No. 4) Rules 2001 S.R. No. 123/2001 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. New Rule 4.02.1 inserted 2 4.02.1 Definition 2 6. Amendment to Rule 4.03 2 7. Heading to Rule 4.05 2 Application for leave to appear and to defend and for leave to commence more than one proceeding on 2 or more bills 2 8. Amendment to Rule 4.05(1) 2 9. Amendment to Form 2–4A 2 10. Forms 2–4B and 2–4C inserted 3 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2001 S.R. No. 123/2001 County Court Act 1958 County Court (Chapter II Amendment No. 4) Rules 2001 A majority of the Judges of the County Court makes the following Rules: 1. Object The object of these Rules is to make miscellaneous amendments to the Principal Rules concerning proceedings in the Court under the Instruments Act 1958. 2. Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3. Commencement These Rules come into operation on 1 December 2001. 4. Principal Rules In these Rules, the County Court Miscellaneous Rules 19991 are called the Principal Rules. -- 2 of 7 -- S.R. No. 123/2001 County Court (Chapter II Amendment No. 4) Rules 2001 2 5. New Rule 4.02.1 inserted After Rule 4.02 of the Principal Rules insert— '4.02.1 Definition In this Order— "bill" has the same meaning as in section 3 of the Instruments Act 1958.'. 6. Amendment to Rule 4.03 In Rule 4.03 of the Principal Rules omit "of exchange or promissory note". 7. Heading to Rule 4.05 Insert the following heading to Rule 4.05 of the Principal Rules— "Application for leave to appear and to defend and for leave to commence more than one proceeding on 2 or more bills". 8. Amendment to Rule 4.05(1) For Rule 4.05(1) of the Principal Rules substitute— "(1) An application by— (a) a defendant, for leave to appear and to defend a proceeding; and (b) a bearer or holder of 2 or more matured bills for leave to commence more than one proceeding in respect thereof against the same person— shall be made to a Judge without notice to any person.". 9. Amendment to Form 2–4A In Form 2–4A to the Principal Rules for "solicitor" (wherever occurring) substitute "legal practitioner". r. 5 -- 3 of 7 -- S.R. No. 123/2001 County Court (Chapter II Amendment No. 4) Rules 2001 3 10. Forms 2–4B and 2–4C inserted After Form 2–4A to the Principal Rules insert— "Rule 4.05 FORM 2–4B APPLICATION FOR LEAVE TO APPEAR AND TO DEFEND (Instruments Act 1958) In the County Court Court ref: at A.B. Plaintiff and C.D. Defendant PART 1—PARTICULARS OF APPLICATION THE DEFENDANT seeks the leave of the Court to file an appearance to the writ and to defend the proceeding. *1. On [date] the sum of $ (being the sum claimed in the writ) was paid into court by the defendant. *1. The affidavit(s) of [name of deponents] setting out the facts upon which the defendant relies in this application are filed herewith. 2. The date of service of the writ was [insert date]. Date— [Signature] *Defendant *Defendant's legal practitioner r. 10 -- 4 of 7 -- S.R. No. 123/2001 County Court (Chapter II Amendment No. 4) Rules 2001 4 PART 2—PARTICULARS OF HEARING THIS APPLICATION will be heard before the Judge in the Practice Court at the County Court at [address] on [date] at [time]. [Registrar] *delete if inapplicable ————————— Rule 4.05 FORM 2–4C APPLICATION FOR LEAVE TO COMMENCE MORE THAN ONE PROCEEDING ON 2 OR MORE BILLS (Instruments Act 1958) In the County Court Court ref: at A.B. Plaintiff and C.D. Defendant PART 1—PARTICULARS OF APPLICATION THE PLAINTIFF seeks the leave of the Court to commence the following further proceeding under the Instruments Act 1958 against [name of defendant]. The following is a copy of the proposed writ in the further proceeding— [Here attach copy of proposed writ] The plaintiff has previously commenced the following proceedings(s) under the Instruments Act 1958 in respect of matured bills against the defendant— r. 10 -- 5 of 7 -- S.R. No. 123/2001 County Court (Chapter II Amendment No. 4) Rules 2001 5 [Here set out details of the proceeding(s) and in respect of each proceeding include its title, relevant court reference, amount claimed and amount outstanding] Date— [Signature] PART 2—PARTICULARS OF HEARING THIS APPLICATION will be heard before the Judge in the Practice Court at the County Court at [address] on [date] at [time]. [Registrar]". Dated: 20 November 2001 G. R. D. WALDRON, Chief Judge B. R. DOVE F. G. DYETT MARILYN HARBISON JOHN K. NIXON J. M. PANNAM L. S. OSTROWSKI IAN C. ROBERTSON J. T. DUGGAN G. R. ANDERSON G. R. G. CROSSLEY P. D. JENKINS D. A. T. JONES K. M. WILLIAMS J. H. BARNETT R. LEWITAN E. H. CURTAIN G. G. HICKS FRED DAVEY J. A. SMALLWOOD M. G. McINERNEY S. M. COHEN T. G. WODAK M. E. SEXTON F. J. SHELTON F. E. HOGAN WILLIAM R. WHITE ═══════════════ r. 10 -- 6 of 7 -- S.R. No. 123/2001 County Court (Chapter II Amendment No. 4) Rules 2001 6 ENDNOTES 1 Rule 4: S.R. No. 78/1999. Reprint (No. 1) as at 20 April 2000. Reprinted to S.R. No. 114/1999. Subsequently amended by S.R. No. 77/2001. Endnotes -- 7 of 7 --